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(영문) 서울동부지방법원 2018.08.24 2018노767

자동차손해배상보장법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The grounds for appeal (unfair sentencing) of the lower court’s punishment (1.5 million won in penalty) is too unreasonable.

2. According to the search table and text of the judgment of the Supreme Court reversed ex officio in accordance with the final judgment, the Defendant was sentenced to three years and six months of imprisonment for breach of trust, etc. at the Seoul Central District Court on August 24, 2017 and the judgment became final and conclusive on June 19, 2018. The crime of this case is in the relation of concurrent crimes with each of the above crimes for which punishment becomes final and the latter part of Article 37 of the Criminal Act, and is in the relation of a group of concurrent crimes pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any longer.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for partial revision as follows. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

① On August 24, 2017, the first head of the crime was sentenced to imprisonment for breach of trust, etc. by the Seoul Central District Court on June 19, 2018, and the judgment became final and conclusive on June 19, 2018.

In addition, â………………………………………………………âââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââ